ARUN KUMAR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been preferred against the orders contained in Annexures P-6 and P-8.

(2.) ORIGINAL petitioners were found to have made embezzlement to the tune of Rs. 35,141. 93 and recovery was ordered against them with interest @ 18% per annum, vide order (Annexure P-6), dated 16-11-1990, passed by the Assistant Registrar, Co-operative Societies, Sidhi. An appeal was preferred against the said order on 26th December, 1990, which has been dismissed by the Board of Revenue vide Annexure P-8, dated 23-8-1993, on the ground of limitation. The same has been challenged in the present writ petition.

(3.) SHRI Trivedi, learned Counsel for respondent No. 2 raised a preliminary objection that Seva Sahakari Samiti, Gurjed, District Sidhi, though was a party before the Board of Revenue, has not been impleaded before this Court in the present case by the petitioners. It is true that the said Society was a complainant before the Assistant Registrar and was impleaded as a party in the appeal against the order of Assistant Registrar, In the present petition, the President of the said Society has been impleaded as respondent No. 4. This petition has been instituted in the year 1994 arid respondent No. 4 did not choose to raise any specific objection earlier by moving an appropriate application. In view of the same, I do not find it proper to uphold the objection for dismissing the writ petition. Moreover, the necessary party can be joined at any stage of the petition and petitioners cannot be made to suffer only on this ground.